Marcos summons Chinese envoy

Beijing blames Philippines for laser incident

MANILA, Philippines — President Marcos summoned China’s ambassador yesterday to relay his “serious concern” over the actions of Chinese ships against the Philippine Coast Guard (PCG) and Filipino fishermen in the West Philippine Sea.

The development came a day after the PCG reported an incident on Feb. 6 wherein a Chinese coast guard ship beamed a military-grade laser light on PCG vessel BRP Malapascua, which was then assisting in the delivery of provisions to a Philippine military outpost on Ayungin Shoal.

Chinese Foreign Minister Wang Wenbin, however, blamed the Philippines for the incident, saying the Chinese coast guard’s action was “in accordance with China’s domestic law and international law,” as the Philippine vessel “intruded” into the area without permission.

Wang said the Chinese coast guard only “upheld China’s sovereignty and maritime order,” calling its action “professional and restrained.”

“We hope the Philippine side will respect China’s territorial sovereignty and maritime rights and interests in the South China Sea and avoid taking any actions that may exacerbate disputes and complicate the situation,” Wang said.

The Department of Foreign Affairs (DFA), meanwhile, announced that it has filed a diplomatic protest against China.

In a statement, Presidential Communications Secretary Cheloy Garafil said Marcos summoned Chinese Ambassador Huang Xilian “to express his serious concern over the increasing frequency and intensity of actions by China against the Philippine Coast Guard and our Filipino fishermen in their bancas.”

The Chinese embassy confirmed the ambassador’s showing up at Malacañang but did not provide details.

“They exchanged views on how to implement the consensus reached by the two heads of state, strengthen dialogue and communication and properly manage maritime differences between China and the Philippines,” the embassy said in a statement.

Ayungin Shoal is located about 105 nautical miles from Palawan province. China is also claiming the shoal, which it calls Ren’ai Jiao. A grounded ship, BRP Sierra Madre, serves as a Filipino military detachment in the shoal.

The PCG said the Chinese ship’s beaming of laser light on Malapascua caused temporary blindness to its crew. The Chinese vessel also made “dangerous maneuvers” by approaching about 150 yards from Malapascua’s starboard quarter, the PCG added.

“The deliberate blocking of the Philippine government ships to deliver food and supplies to our military personnel on board the BRP Sierra Madre is a blatant disregard for, and a clear violation of, Philippine sovereign rights in this part of the West Philippine Sea,” the PCG said in a statement.

“The PCG will continue to exercise due diligence in protecting the country’s territorial integrity against foreign aggression. The AFP (Armed Forces of the Philippines) can always rely on the PCG to support their resupply mission in Ayungin Shoal,” PCG chief Admiral Artemio Abu said in a statement.

Armed attack

Retired Supreme Court justice Antonio Carpio said the Feb. 6 incident was tantamount to an armed attack and may be used for invoking the Philippines’ Mutual Defense Treaty (MDT) with the US.

“The recent use by China’s coast guard of lasers that temporarily blinded Phil coast guard personnel constitutes an armed attack on a Philippine public vessel. The Phil can thus invoke the MDT,” Carpio said in a statement.

The MDT is a 1951 agreement that allows Manila and Washington to develop their individual and collective capacity to resist external armed attacks and for both parties to help each other in armed attacks against either of them by an external party.

The former senior associate justice, however, said before the Philippine government invokes the MDT, it should first coordinate with the US a joint statement warning Chinese state forces that any future use of laser weapons on Philippine vessels or aircraft would trigger the operation of the MDT.

He also said the use of military-grade lasers that cause permanent blindness is prohibited under the 1998 Protocol on Blinding Laser Weapons to which China and the Philippines are parties.

“Now, China’s coast guard vessels are using military grade lasers to enforce China’s nine-dash line claim… Laser weapons can either cause permanent or temporary blindness. If it causes permanent blindness, the laser weapon is outlawed and cannot be used as a weapon by militaries. If it causes only temporary blindness, it can be used as a weapon by militaries,” he said.

“Thus, the laser weapon, even if it causes only temporary blindness, is still a weapon or an arm that can be used in an attack that qualifies the attack as an armed attack under the Mutual Defense Treaty,” he added.

The DFA said it was protesting the “shadowing, harassment, dangerous maneuvers, directing of military-grade laser and illegal radio challenges by Chinese Coast Guard (CCG) vessel 5205 against PCG vessel BRP Malapascua on 6 February 2023.”

The DFA said the actions by the Chinese coast guard against the PCG vessel “constituted a threat to Philippine sovereignty and security as a state and are infringements of its sovereign rights and jurisdiction over its exclusive economic zone.”

“The Philippines has the prerogative to conduct legitimate activities within its exclusive economic zone and continental shelf. China does not have law enforcement rights or powers in and around Ayungin Shoal or any part of the Philippine EEZ,” said DFA spokesperson Ma. Teresita Daza.

The DFA said these acts of aggression by China are “disturbing and disappointing” as it came after the state visit to China of President Ferdinand Marcos Jr. in early January during which he and Chinese President Xi Jinping agreed to manage maritime differences through diplomacy and dialogue, without resorting to force and intimidation.”

“We call on China to comply with its obligations under international law, including the 1982 UNCLOS and the 2016 Award in the South China Sea Arbitration and direct its vessels to cease and desist from its aggressive activities against Philippine vessels,” Daza added.

The Philippines has filed 203 notes verbale or diplomatic notes, eight in 2023 and 195 in 2022, protesting China’s actions in the West Philippine Sea.

US stands with Phl

The US State Department said the “US stands with our Philippine allies,” in reaction to the Feb. 6 incident.

State Department spokesman Ned Price said China’s dangerous operational behavior directly threatens regional pace and stability, infringes upon freedom of navigation in the South China Sea as guaranteed under international law and undermines the rules-based international order.

China’s action in the Ayungin Shoal is “unsafe and intimidatory,” Australian Ambassador Hae Kyong Yu said in a Twitter post.

“We continue to call for peace, stability and respect for international law in the South China Sea, a vital international waterway,” she said.

Militia swarms

More than 150 Chinese militia vessels have been swarming around a “particular feature” in the West Philippine Sea in what could be a more serious security threat to the country than the random cases of harassment of Filipino vessels by the Chinese, a ranking PCG official revealed yesterday.

In a televised forum, PCG adviser to the commandant for maritime security Commodore Jay Tarriela said the government – through the DFA – should immediately bring the matter to international attention.

“I think, besides the aggressive behavior of the Chinese coast guard like the shadowing and dangerous maneuver that endanger our coast guard sailors, another important thing we notice is the use of Chinese maritime militias in a particular maritime feature in the West Philippine Sea,” Tarriela said.“They gather there and they go by almost hundreds, no, even more than 150.”

“This is the most significant observation that we take note,” he said, adding they have already reported the matter to the National Task Force on the West Philippine Sea.

He said the Feb. 6 laser-pointing incident was the second time the Chinese harassed Filipino vessels using military-grade laser light.

In June last year, a Chinese coast guard ship beamed a blue laser light on tugboat Habagat, which was also on its way to Ayungin to deliver provisions to the military outpost on Sierra Madre.

The June 2022 incident also blinded Filipino sailors temporarily and caused itchiness. – Pia Lee-Brago, Neil Jayson Servallos, Robertzon Ramirez, Emmanuel Tupas